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Procuratorial Sentencing Proposal

Posted on:2013-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:J X TanFull Text:PDF
Abstract/Summary:PDF Full Text Request
The power of sentencing proposal refers to the procuratorial organ in criminal lawsuitactivity on the defendant should be applicable to the court what punishment proposals. It isthe reform of normalization for penalty measurement part, through pilot effect, it can regulatethe sentencing judge, enhanced sentencing transparency, preventing the judge "covertoperation". In this paper, through the investigation of the A District of Chongqing deliberatelyhurt the common multiple crime sentencing suggestion, in order to see the baby, sentencingrecommendations of this new reform measures in the primary procuratorate practice effect, tofind the problems and improve measures were discussed, in order to promote the healthydevelopment of sentencing suggestion.The full text is divided into preface, text, conclusion of two parts. The text is divided intofour chapters, about nineteen thousand words, specific content is as follows:The first chapter is an overview part. Procuratorial sentencing proposal could not guessis proposed, but according to the corresponding entity norm and sentencing rules. This chapterincludes three parts:(1) proposed the crime of intentional injury sentencing proposal entitynorm according to. This part summarizes the specific provisions of criminal law on the crimeof intentional injury specific provisions, including direct regulation and a series oftransforming crime, and analysis of the crime of intentional injury statutory penalty allocationcharacteristics;(2) of the crime of intentional injury sentencing proposal general legalrequirements. This part summarizes the intentional injury crime judicial interpretation andother related judicial documents;(3) of the crime of intentional injury specific sentencingguidelines. This part of the supreme law" the people’s court sentencing guidelines," Jiangyancity" sentencing guidelines" and" Chongqing City Court sentencing guidelines", comparingand analyzing on the crime of intentional injury specific sentencing requirements.The second chapter is the author in Chongqing A area survey basic situation. This chapter is divided into three parts:(1) deliberately hurt case of sentencing suggestion andpunishment for the overall situation. This section includes the adoption of sentencingsuggestion and the judgment of the court and the procuratorate and court sentencingrecommendations specific refereeing characteristics;(2) the A District procuratorate andcourt specific operation. This part the author through an intentional injury case analysis of ADistrict procuratorate and court decisions on the sentencing recommendations of specificoperation;(3) the A District procuratorate trial sentencing recommendation problems.Including the sentencing proposal lack of reasoning, formation of sentencing suggestion lackof information sources, proposed the discretion of punishment suggest a lack of experienceand so on the basis of.The third chapter is the author of sentencing proposal entity ’s offer. Although thesentencing" proposal", but in the present only follow the relevant sentencing steps," proposal"in order to accurately. In this chapter the author through the determination of the crime ofintentional injury sentencing starting point, choose the crime of intentional injury referencefacts of sentencing circumstances and strength and proposes three aspects lead prosecutorproposes sentencing proposal. The starting point of the selection, the author introduces thepresent Provisions, theoretical proposals and suggestions; benchmark the determination offacts, the author through the example for how to casualty consequences and the disabilitygrade to determine the amount of increase the penalty, and pointed out that the proposalshould pay attention to the problem of sentencing proposal; and the strength, the authordeliberately assault on several common statutory and discretionary circumstances detaileddescription of the public prosecutor in the proposal should be how specific problems.The fourth chapter is on the sentencing procedure proposal. Sentencingrecommendations for sentencing procedure, has a normative role in sentencing, but at thesame time the sentencing suggestion healthy development also needs supporting collaborationof sentencing procedure provisions. The author mainly from the following four aspects:(1)strengthen the counsel for the defense, strengthen litigation structure;(2) by sentencing sentencing trial construction start;(3) the sentencing suggestion can be adjusted;(4) throughthe sentencing recommendation to judge reasoning.
Keywords/Search Tags:sentencing proposal, the crime of intentional injury, sentencingprocedure, sentencing starting point, reference facts
PDF Full Text Request
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